The opinion
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4 UNITED STATES DISTRICT COURT
5 NORTHERN DISTRICT OF CALIFORNIA
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7 BRUCE BROWN, Case No. 23-cv-03583-JD
g Petitioner,
9 y. ORDER RE DISMISSAL
Re: Dkt. Nos. 2, 6
10 PHIFFER,
ll Respondent.
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Petitioner, a state prisoner, filed a pro se habeas petition pursuant to 28 U.S.C. § 2254.
14 || Court records indicate that petitioner filed a petition raising similar claims challenging the same
3 15 conviction that was denied as untimely. See Brown v. District Attorney, Case No. 22-cv-5609 JD.
16 || This case is dismissed as duplicative. See Adams v. Cal. Dept. of Health Services, 487 F.3d 684,
3 17 || 688 (9th Cir. 2007). To the extent petitioner seeks to file a new petition about resentencing that
18 would not be a successive petition, he must first exhaust that claim in state court.
19 The case is dismissed without prejudice as duplicative. The pending motions (Dkt. Nos. 2,
20 || 6) are vacated. No fee is due. A certificate of appealability is denied and the Clerk is requested to
21 close this case.
22 IT IS SO ORDERED.
23 Dated: September 25, 2023
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JAMES ATO
26 United Sfates District Judge
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